Lepers Act, 1898

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THE LEPERS ACT, 1898 
 
 
 
 
 
 
CONTENTS 
 
1. Title, extent and commencement. 
 
2. Definitions. 
 
3. Appointment of leper asylums by Provincial Government 
 
4. Appointment of Inspectors of Lepers and Superintendents of Asylums. 
 
5. Constitution of Board. 
 
6. Arrest of pauper lepers. 
 
7. Person arrested how to be dealt with. 
 
8. Procedure with regard to pauper lepers. 
 
9. Power to prohibit lepers from following certain trades and doing certain acts. 
 
10. Conviction after previous conviction. 
 
11. Penalty on person employing lepers in prohibited trade. 
 
12. Re­arrest of escaped lepers. 
 
13. Inspection by Board. 
 
14. Order of discharge by Board. 
 
15. Appeals. 
 
16. Power of the Provincial Government to make rules. 
 
17. Power to local authorities to expend funds and appropriate property to asylums. 
 
18. Protection to persons acting bona­fide under Act. 
 
19. Lepers from Acceding States. 
 
SCHEDULE 
 
A. CERTIFICATE 
 
B. CERTIFICATE 
 
C. WARRANT OF DETENTION 
 
D. WARRANT OF DETENTION 

 
 
 
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THE LEPERS ACT, 1898 
 
1ACT NO. III OF 1898 
 
[4th February, 1898] 
 
An Act to provide for the segregation and medical treatment of pauper lepers and the 
control of lepers following certain callings. 
 
WHEREAS it is expedient to provide for the segregation and medical treatment of pauper 
lepers and the control of lepers following certain callings; It is hereby enacted as follows:— 
 
1. Title, extent and commencement.— (1) This Act may be called the Lepers Act, 1898. 
 
2[(2) It extends to the whole of Pakistan.] 
 
(3) It shall not come into force in any part thereof until the 3[Provincial Government], as 
hereinafter provided, has declared it applicable thereto. 
 
(4) The 3[Provincial Government] may, by notification 4 in the official Gazette, apply this Act 
or any part thereof to the whole or any portion of the territories for the time being under its ad­ 
ministration 5* * *. 
 
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,— 
 
(1) “leper” means any person suffering from any variety of leprosy 6* * *; 
 
 (2) “pauper leper” means a leper— 
 
(a) who publicly solicits alms or exposes or exhib its any sores, wounds, bodily 
ailment or deformity with the object of exciting charity or of obtaining alms, 
or 
 
(b) who is at large without any ostensible means of subsistence; 
 
 
 1For Statement of Objects and Reasons, see Gazette of India, 1896, Pt. V, p. 23 1; for Report of the Select Committee, see ibid., 1898, Pt. V. 
 p., 7; and for Proceedings in Council, see ibid, 1896, Pt. VI, p. 227; ibid., 1897, Pt. VI, p. 248 ; and ibid., 1898, Pt. VI., pp. 10 and 18. 
 This Act has been applied to Phulera in the Exclu ded Area of Upper Tanawal to the extent the Act  is applicable in the N.W.F.P., subject to 
 certain modifications­­see N.W.F.P., (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 It has been extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and  subject to such 
 modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 
 It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Law s) Order, 1950 (G.G.O. 3 of 1950); and also 
 applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. 
 It has been applied to city and cantonment limits of Karachi from 10th November, 1936, see the Lepers (Retrospective Co mmencement 
 Provision) Act, 1939 (Sind Act 18 of 1939), s. 2. 
 It has been amended in its application to the Province of Sind, see Sind Act No. 18 of 1939 
 This Act has been amended to the extent of Islamabad Capital Territory, see, Ordinance No. XXVII of 1981, s. 5 and 4th Sch. 
 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for 
 sub­section (2) as amended by the Burma Laws Act, 1898 (13 of 1898), A.O., 1949, Sch., and the Federal Laws (Revision and Declaration) 
 Act, 1951 (26 of 1951). 
 3Subs. by A.O., 1937, for “L. G.”. 
 4For notifications under this sub­section, see different local Rules and Orders. 
 5The words “and may in like manner amend or cancel any such notification” rep. by the Lepers (Amendment) Act, 1920 (22 of 1920), s. 2. 
 6The words “in whom the process of ulceration has commenced” rep. ibid., s.3. 
 
 
 
 
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(3) “leper asylum” means a leper asylum appointed under section 3; 
 
(4) “Board” means a Board constituted under section 5; and 
 
1[* * * * * * *] 
 
2[3. Appointment of leper asylums by Provincial Government . The 3[Provincial 
Government] may, by notification4 in the official Gazette, appoint any place to be a leper asylum if it 
is satisfied that adequate arrangements have been made or will be made for the accommodation and 
medical treatment of lepers therein, and may, by a like notification, specify the local areas from 
which lepers may be sent to such asylum.] 
 
4. Appointment of Inspectors of Lepers and Superintendents of Asylums . Subject to any 
rules which may be made under section 16, the 3[Provincial Government] may appoint any Medical 
Officer of the Government or other qualified medical man to be an Inspector 5 of Lepers and  any 
person to be a Superintendent5 of a Leper Asylum, with such establishment as may, in its opinion, be 
necessary, and every Inspector or Superintendent so appointed shall be deemed to be a public 
servant. 
 
5. Constitution of Board . The 3[Provincial Gove rnment] shall constitute for every leper 
asylum appointed under section 3 a Board 6 consisting of not less than three members, one of whom 
at least shall be a Medical Officer of the Government. 
 
6. Arrest of pauper lepers .—(1) Within any local area which ha s been specified under 
section 3  any police­officer 7[or any other person specially empowered by the 3[Provincial 
Government] by order in writing in this behalf] may arrest without a warrant any person who appears 
to him to be a pauper leper. 
 
(2) Such police­officer 7[or other person] shall forthwith take or send the person so arrested 
to the nearest convenient police station. 
 
7. Person arrested how to be dealt with . Every person brought to a police­station under the 
last foregoing section shall, without unnecessary delay, be taken before an Inspector of Lepers, 
who,— 
 
(a) if he finds that such person is not a leper within the meaning of section 2, shall 
give him a certificate in Form A set forth in the schedule, whereupon such 
person shall be forthwith released from arrest ; 
 
(b) if he finds that such person is a leper within the meaning of section 2, shall 
give to the police­officer, in whose custody the leper is, a certificate in Form 
B set forth in the schedule, whereupon the leper shall, without unnecessary 
delay, be taken before a Magistrate having jurisdiction under this Act. 
 
 1Clause (5) omitted by A.O., 1949, Sch. 
 2Subs. by the Lepers (Amendment) Act, 1920 (22 of 1920), s. 4, for the original section. 
 3Subs. by A.O., 1937, for “L. G.”. 
 4For notifications under this section, see different local Rules and Orders, 
 5For appointment of such Inspectors and Superintendents, see different local Rules and Orders. 
 6For notifications constituting such Boards, see different local Rules and Orders. 
 7Ins. by Act 22 of 1920, s.5. 
 
 
 
 
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8. Procedure with regard to pauper lepers .—(1) If it appears to any 1* * * Magistrate of 
the first class or to any other Magistrate authorised in this behalf by the 2[Provincial Government], 
upon the certificate in Form B set forth in the sc hedule, that any person is a leper, and if it further 
appears to the Magistrate that the person is a pauper leper, he may, after recording the evidence on 
the above - mentioned points, and his order thereon, send the pauper leper in charge of a 
police­officer, together with an order in Form C set forth in the schedule, to a leper asylum, where 
such leper shall be detained until discharged by order of the Board or the District Magistrate: 
 
Provided that, if the person denies the allegation of leprosy, the Mag istrate shall call and 
examine the Inspector of lepers, and shall take such further evidence as may be necessary to support 
or to rebut the allegation that the person is a leper, and may for this purpose adjourn the enquiry from 
time to time, remanding the  person for observation or for other reason to such place as may be 
convenient, or admitting him to bail: 
 
Provided also that if any friend or relative of any person found to be a pauper leper shall 
undertake in writing to the satisfaction of the Magistrat e that such pauper leper shall be properly 
taken care of and shall be prevented from publicly begging in any area specified under section 3, the 
Magistrate, instead of sending the leper to an asylum, may make the leper over to the care of such 
friend or re lative, requiring him, if he thinks fit, to enter into a bond with one or more sureties, to  
which the provisions of section 514 of the Code of Criminal Procedure 3 (X of 1898) shall be 
applicable. 
 
(2) If the Magistrate finds that such person is not a leper , or that, if a leper, he is not a pauper 
leper, he shall forthwith discharge him. 
 
9. Power to prohibit lepers from following certain trades and doing certain acts .—(1) 
The 2[Provincial Government] may, by notification 4 in the official Gazette, order that  no leper shall, 
within any area specified under section 3,— 
 
(a) personally prepare for sale or sell any article of food or drink or any drugs or 
clothing intended for human use ; or 
 
(b) bathe, wash clothes or take water from any public well or tank debarred by 
any municipal or local bye­law from use by lepers ; or 
 
(c) drive, conduct or ride in any public carriage plying for hire other than a 
railway carriage; or 
 
(d) exercise any trade or calling which may by such notification be prohibited to 
lepers. 
 
(2) Any such notification may comprise all or any of the above prohibitions. 
 
(3) Whoever disobeys any order made pursuant to the powers conferred by this section shall 
be punishable with fine which may extend to twenty rupees: 
 
 1The words “Presidency Magistrate or” omitted by A.O., 1949, Sch. 
 2Subs. by A.O., 1937, for “L. G.”. 
 3See now the Code of Criminal Procedure, 1898 (5 of 1898). 
 4For such notifications, see different local Rules and Orders. 
 
 
 
 
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Provided that, when any person is accused of an offence under this sect ion, the Magistrate 
before whom he is accused shall cause him to be examined by an Inspector of Lepers, and shall not 
proceed with the case unless such Inspector furnishes a certificate, in Form B set forth in the 
schedule, in respect of such person. 
 
10. Conviction after previous conviction.—(1) Whenever any leper who has been convicted 
of an offence punishable under the last foregoing section is again convicted of any offence 
punishable under that section, the Magistrate may, in addition to, or in lieu of , any punishment to 
which such leper may be liable, require him to enter into a bond, with one or more sureties, binding 
him to depart forthwith from the local area specified under section 3 in which he is, and not to enter 
that or any other local area so specified until an Inspector of Lepers shall have given him a certificate 
in Form A set forth in the schedule. 
 
(2) If any such leper fails to furnish any security required under sub­section (1), the 
Magistrate may send him in charge of a police­officer, w ith an order in Form D set forth in the 
schedule, to a leper asylum, where such leper shall be detained until discharged by order of the 
Board or the District Magistrate. 
 
(3) The powers conferred by this section shall only be exercised by a 1* * * Magistrate of the 
first class. 
 
11. Penalty on person employing lepers in prohibited trade . Any person who, within any 
area specified under section 3, knowingly employs a leper in any trade or calling prohibited by order 
under section 9 shall be punishable with fine which may extend to fifty rupees: 
 
Provided that the alleged leper shall be produced before the Magistrate and the Magistrate 
shall cause him to be examined by an Inspector of Lepers, and shall not proceed with the case unless 
such Inspector furnishes a certificate in Form B set forth in the schedule in respect of such alleged 
leper. 
 
12. Re­arrest of escaped lepers. Whoever, having been sent to a leper asylum under an order 
of a Magistrate in Form C or Form D set forth in the schedule, escapes from, or  leaves, the asylum 
without the permission in writing of the Superintendent thereof, may be arrested 2[without a warrant 
by any police­officer or by any other person especially empowered by the 3[Provincial Government] 
by order in writing in this behalf,] and upon arrest shall be forthwith taken back to the leper asylum. 
 
13.Inspection by Board . Two or more members of the Board, one of whom shall be the 
Medical Officer, shall, once at least in every three months, together inspect the leper asylum for 
which they are constituted, and see and examine ( a) every leper therein admitted since the last 
inspection, together with the order for his admission, and ( b), as far as circumstances will permit, 
every other leper therein, and shall enter in a book to be kept for the purpose any remarks which they 
may deem proper in regard to the management and condition of the asylum and the lepers therein. 
 
 14. Order of discharge by Board. Any two members of the Board, one of whom shall be the 
Medical Officer, may at any time , by an order in writing in Form E set forth in the schedule and 
signed by them, direct the discharge from the leper asylum of any leper detained therein under the 
provisions of this Act. 
 
 1The words “Presidency Magistrate or “omitted by A.O., 1949, Sch 
 2Subs. by the Lepers (Amendment) Act, 1920 (22 of 1920), s. 6, for “by any police­officer without a warrant”.  
 3Subs. by A.O., 1937, for “L. G”. 
 
 
 
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 15. Appeals. Any person, other than a pauper leper, in respect of whom an Inspector of 
Lepers has issued a certificate, in Form B set forth in the schedule, declaring him to be a leper, or has 
refused to issue a certificate in Form A set forth in the schedule, may appeal against the issue or 
refusal of any such certificate to such officer as may be appointed by the 1[Provincial Government] in 
this behalf, and the decision of such officer shall be final. 
 
16. Power of the Provincial Government to make rules . The 1[Provincial Government] 
may, by notification in the official Gazette, make rules 2 generally for carrying  out the purposes of 
this Act, and in particular— 
 
(a) for the guidance of all or any of the officers discharging any duty under this 
Act ; and 
 
(b) for the management of, and the maintenance of discipline in, a leper asylum. 
 
17. Power to local authorities to exp end funds and appropriate property to asylums . 
Notwithstanding anything in any enactment with respect to the purposes to which the funds or other 
property of a local authority may be applied, any local authority may— 
 
(a)  establish or maintain, or establi sh and maintain, or contribute towards the cost 
of the establishment or maintenance or the establishment and maintenance of, 
a leper asylum either within or without the local limits of such local authority ; 
 
(b)  with the previous sanction of the 1[Provincial Government] and subject to such 
conditions as that Government may prescribe, appropriate any immoveable 
property vested in, or under the control of, such body , as a site for, or for use 
as, a leper asylum. 
 
18. Protection to persons acting bona fide under Act . No suit, prosecution or other legal  
proceeding shall lie against any officer or person in respect of anything in good faith 3 done or 
intended to be done under, or in pursuance of, the provisions of this Act. 
              
5[4[19.  Lepers from Acceding States.  The 1[Provincial Government] may, by notification 6 
in the 7[official Gazette], direct that any leper or class of lepers, with respect to whom an 
order for segregation and medical treatment has been made by a Magistrate having 
jurisdiction within 8[any Acceding State], may be sent to any leper asylum 9[in the Province] 
specified in such order ; and thereupon the provisions of this Act and of any rules m ade 
thereunder shall, with such modifications not affecting the substance as may be reasonable 
and necessary to adapt them to the subject-matter, apply to any leper sent to a leper asylum in 
pursuance of such notification as though he had been sent by the order of a Magistrate having 
jurisdiction under this Act.]] 
   
 
1Subs. by A.O., 1937, for “L. G”. 
2For such rules, see different local Rules and Orders. 
3As to definition of good faith, see s. 3 (20) of the General Clauses Act, 1897 (10 of 1897). 
4Omitted by Ord. no. 27 of 1985, s. 5. Only to the extent of ICT. 
5Ins. by the Lepers (amendment) Act, 1903 (X of 1903), s. 7, The original s. 19 had been rep. by the Amending Act, 1903 (X of 1903). 
6For a notification under this section, see Gazette of India, 1919, Pt. I, p. 1931, and Gen. R. & O. 
7Subs. by A. O., 1937. 
8The original words “the territories of any Native Prince or State in India” were first subs. by A. O., 1937, and then amended by A. O. 1949, Sch., to 
read as above. 
9Ins. by A. O., 1937. 
 
 
 
 
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SCHEDULE 
 
A. CERTIFICATE 
(Section 7) 
 
I, THE undersigned (here enter name and official designation), hereby certify that I on the  
day of at personally examined (here enter name of person examined),  and that the said is not a 
leper as defined by the Lepers Act, 1898. 
 
Given under my hand this day of 189. 
 
(Signature) 
Inspector of Lepers. 
 
 
 
B. CERTIFICATE 
(Section 7) 
 
 I, THE undersigned ( here enter name and official designation ), hereby certify that I on the  
day of at personally examined ( here enter name of leper ), and that the said is a leper as defined by 
the Lepers Act, 1898, and that 1 have formed this opinion on the following grounds namely,— 
 
 (Here state the grounds.) 
 
 Given under my hand this day of 189. 
 
 
 
(Signature) 
Inspector of Lepers. 
 
 
C. WARRANT 0F DETENTION 
(Section 8) 
 
To 
 
THE SUPERINTENDENT OF THE LEPER ASYLUM AT 
 
WHEREAS it has been made to appear to me that (name and description) is a pauper leper as 
defined in Lepers Act, 1898. 
 
This is to authorise you, the said Superintendent, to receive the said into your custody 
together with this order and him/her safely to keep in the said asylum until he/she shall be discharged 
by order of the Board or the District Magistrate. 
 
Given under my hand and the seal of the Court this day of 189. 
 
 
(Signature) 
Magistrate. 
Seal 
 
 
 
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D. WARRANT OF DETENTION 
(Section 10) 
 
To 
 
THE SUPERINTENDENT OF THE LEPER ASYLUM AT 
 
WHEREAS ( name and description)  has this day been convicted by me of an offence 
punishable under section 9 of the Lepers Act, 1898, and whereas it has been proved before me that 
the said (name and description ) was previously convicted of an offence punishable under the same 
section : 
 
This is to authorise you, the said Superintendent, to receive the said into your custody 
together with this order and him/her safely to keep in the said asylum until he/she shall be 
discharged by order of the Board or the District Magistrate. 
 
Given under my hand and the seal of the Court this day of 189. 
 
 
 
(Signature) 
Magistrate. 
 
Seal. 
 
E. ORDER OF DISCHARGE BY BOARD1 
(Section 14) 
 
To, 
 
THE SUPERINTENDENT OF THE LEPER ASYLUM AT 
 
WHEREAS (name and description) was committed to your custody under an order dated the  
day of 189 and there have appeared to us sufficient grounds for the opinion that he/she can be 
released without hazard or inconvenience to the community: 
 
This is to authorise and require you forthwith to discharge the said (name) from your custody. 
 
Given under our hands this day of 189. 
 
 
 
(Signatures) 
Members of the Asylum Board. 
 
 
 
 
Date: 05-09-2024 
1A corresponding form may be used by the District Magistrate for order of discharge issued under s. 10 (2).